# In the matter of Vijaygroup Housing Pvt. Ltd. C.P. (IB)- 862 (MB)-2019

> NCLT judgment dated 2022-09-30. Citation: TCN-2022-NCLT-00878. Gracious Communication Pvt. Ltd., the Operational Creditor, filed a Company Petition under…

- **Court:** NCLT
- **Order date:** 30 Sept 2022
- **Citation:** TCN-2022-NCLT-00878
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vijaygroup-housing-pvt-ltd-cp-ib-862-mb-2019-ca8d44db

## Summary

### Background

Gracious Communication Pvt. Ltd., the Operational Creditor, filed a Company Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against Vijaygroup Housing Pvt. Ltd., the Corporate Debtor. The Operational Creditor alleged that the Corporate Debtor defaulted in making payment for advertising services provided. The Operational Creditor raised nine invoices for the work done, which were accepted and acknowledged by the Corporate Debtor.

## Facts

Gracious Communication Pvt. Ltd. (Operational Creditor) provided advertising services to Vijaygroup Housing Pvt. Ltd. (Corporate Debtor). Nine invoices were raised by the Operational Creditor for the services rendered, which were accepted and acknowledged by the Corporate Debtor. The Corporate Debtor failed to make payment of Rs. 28,10,030/- including interest. A demand notice was sent on December 20, 2018, but the Corporate Debtor did not respond or make any payment. The date of default was May 25, 2017, the due date of the last invoice. The Operational Creditor filed a petition on February 28, 2019, under Section 9 of the Insolvency and Bankruptcy Code, 2016, to initiate CIRP against the Corporate Debtor. The Corporate Debtor did not file any reply to the petition.

## Issues and analysis

### Issue 1: Whether the Company Petition filed by the Operational Creditor is maintainable under Section 9 of …

**Ratio:** Section 9 of the Insolvency and Bankruptcy Code, 2016 allows an operational creditor to

…

**Reasoning:** The court found that the Operational Creditor had provided sufficient evidence to

…

**Interpretation:** Section 9 provides a mechanism for operational creditors to recover their dues

…

**Application:** The court applied Section 9 to the facts of the case and found that the

…

## Parties

- **Judges:** P.N. Des…; Shyam Babu…
- **Appellants:** Gracious Communica…
- **Respondents:** Vijaygroup…

## Timeline

- **2017-05-25 — Date of D…**: The due date of the last invoice,…
- **2018-12-20 — Demand N…**: Operational Creditor sent a Demand Notice to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vijaygroup-housing-pvt-ltd-cp-ib-862-mb-2019-ca8d44db